Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment with prison labor for eight months and two years of suspended execution) is unreasonable.
2. In light of the substance and method of the crime, the degree of damage, etc., the crime of this case committed by the defendant is deemed disadvantageous to the defendant.
However, it is hard to say that the defendant made a statement that he would not repeat the crime of this case again when he made a confession of the crime of this case and reflects his depth of the mistake, that the court below returned 19,356,00 won to the court below, that the remaining amount of the illegal receipt amount of 32,260,000 won was returned in the court below, that the defendant received an order to return the illegal receipt amount of money equivalent to the crime of this case and the disposition of the penalty, that there is no criminal record beyond the same kind of criminal record, that there is no family member, that there is no family member, and that there is no other circumstance that the court below sentenced the suspension of the execution of imprisonment within the range of the recommended sentence set by the sentencing guidelines, taking full account of the various circumstances of the defendant, and there is no reason to view that the court below's decision is remarkably unfair, and there is no reason to view that the defendant's age, character, intelligence and environment, intelligence and environment, the motive and consequence of the crime of this case, the result, circumstances after the crime, family relation, and health conditions of this case.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.